San Antonio car crash attorney J. Gonzalez
by Benjamin Treviño | June 17th, 2025 | Auto Accident, Blog, Fatal Crash, Personal Injury, Wrongful Death
Does comparative negligence apply in wrongful death cases?
Yes, comparative negligence can apply in wrongful death cases. It means that if the deceased person was partially at fault for the accident that caused their death, the amount of damages the surviving family can recover may be reduced. The extent to which comparative negligence affects a wrongful death claim varies according to the facts of each case.
What is comparative negligence?
Comparative negligence is a legal principle where the fault for an accident is divided between multiple parties, including the deceased.
In wrongful death cases, this means that if the deceased contributed to the accident that caused their death, their level of fault will be assessed.
The assessment of fault is typically done by a judge or jury, who will determine the percentage of fault attributable to the deceased and the other responsible parties. The damages awarded in a wrongful death case can be reduced proportionally to the deceased’s level of fault.
Example
If a jury awards $500,000 in a wrongful death case and finds the deceased was 20% at fault, the damages awarded to the surviving family would be reduced by 20%, resulting in a $400,000 recovery.
No Recovery (in some states):
In some states, if the deceased is found to be more than 50% at fault, the family may not be able to recover any damages at all.
Modified comparative negligence
Texas is one of many states that use a modified comparative negligence system. This means that if the deceased was more than 50% at fault, the family cannot recover damages.
Importance of legal counsel
Wrongful death cases involving comparative negligence can be complex. The attorney that you choose to represent you should possess a thorough understanding of the applicable state laws.
The J. Gonzalez Law Firm’s approach
Our first duty is to help families understand how Texas comparative negligence laws can affect their case. In every case we take, we develop a strategic approach to maximize the family’s potential recovery.
Our expert personal injury and wrongful death attorneys can negotiate an out-of-court settlement is our clients prefer it, but if the negligent party is unwilling to do so, we will fight vigorously while representing the family’s interests in court.
If you feel your family is the victim of a wrongful death, set up a free appointment to talk to us about the facts of your case. You can do that via thos website, or by calling 1-800-CAR-CRASH.
San Antonio man killed by suspected drunken driver
By: Benjamin Treviño
San Antonio police have arrested a suspected drunken driver in connection with a fatal auto-pedestrian accident. The incident happened June 14 at around 1:45 a.m. in the 3000 block of Northeast Loop 410 eastbound.
According to a news release, the male victim left Cowboys Dancehall, ran through the parking lot, and continued onto the main lanes of Northeast Loop 410,“ where pedestrians are prohibited.”
The man was struck by a 2014 Toyota Tundra, and pronounced dead at the scene. The victim’s name was not immediately released, but police said he was in his early 20s.
It is unclear why the man ran across the highway, the police report stated.
The driver of the Tundra, 42-year-old Joseph Cortez, remained at the scene. However, the report states that Cortez was taken into custody on suspicion of driving while intoxicated.
Additional information was not immediately available. The investigation was ongoing at this writing.
